[nagdu] Washington - Guide dog killed crossing Kennewick street

Albert J Rizzi albert at myblindspot.org
Tue Mar 23 18:28:42 UTC 2010


But as David inferred, which is better, being dead and right or patient,
safe and alive.

Albert J. Rizzi, M.Ed.
CEO/Founder
My Blind Spot, Inc.
90 Broad Street - 18th Fl.
New York, New York  10004
www.myblindspot.org
PH: 917-553-0347
Fax: 212-858-5759
"The person who says it cannot be done, shouldn't interrupt the one who is
doing it."


Visit us on Facebook LinkedIn



-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of cheryl echevarria
Sent: Tuesday, March 23, 2010 2:07 PM
To: NAGDU Mailing List,the National Association of Guide Dog Users
Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick street

In other words, you need to have a good lawyer to represent you.

Cheryl Echevarria 
Independent Travel Consultant
http://Echevarriatravel.com<http://echevarriatravel.com/>
1-866-580-5574

http://blog.echevarriatravel.com<http://blog.echevarriatravel.com/>
Reservations at echevarriatravel.com<mailto:Reservations at echevarriatravel.com>
Affiliated as an Independent Contractor with Montrose Travel CST-1018299-10
  ----- Original Message ----- 
  From: Albert J Rizzi<mailto:albert at myblindspot.org> 
  To: 'NAGDU Mailing List,the National Association of Guide Dog
Users'<mailto:nagdu at nfbnet.org> 
  Sent: Tuesday, March 23, 2010 2:13 PM
  Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick
street


  Yes but the law as written does not include such considerations  that is
up
  to the interpretation  and presentation of the case in court. I am just
  wanting to be clear that your interpretation  though in the best interests
  of our peers, is just an interpretation of the law and not a factual
  component of the law. we could as litigators and theorists  provide any
  number of instances where someone might contribute to the problem, but in
  that instance where a blind pedestrian steps off a curb, in good
conscience
  following said laws and crossing at the proper intersection in the proper
  cross walk and is struck down by a driver not yielding the right of way as
  required by law, can you tell me where one might find a possible
  contribution to the accident on the part of the pedestrian?

   

  Albert J. Rizzi, M.Ed.

  CEO/Founder

  My Blind Spot, Inc.

  90 Broad Street - 18th Fl.

  New York, New York  10004

  www.myblindspot.org<http://www.myblindspot.org/>

  PH: 917-553-0347

  Fax: 212-858-5759

  "The person who says it cannot be done, shouldn't interrupt the one who is
  doing it."

   

   

  Visit us on Facebook LinkedIn

   

   

   

  -----Original Message-----
  From: nagdu-bounces at nfbnet.org<mailto:nagdu-bounces at nfbnet.org>
[mailto:nagdu-bounces at nfbnet.org] On Behalf
  Of David Baker
  Sent: Tuesday, March 23, 2010 1:52 PM
  To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
  Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick
street

   

  Albert, statutes generally do not cite case law.  Contributory negligence
is
  a

  concept that is most often a child of case law (although not always).  It
is

  often a figurative reference as well, in that it often governs the thought

  processes of triers of fact.  I think that Marion's and my 'reductio ad

  absurdum' examples pretty well explain how a blind person can be
  contributorily

  negligent both in law in some jurisdictions and in fact in virtually all
of

  them.   It is generally what we think of as 'common sense'.  It would, for

  example, be hard to see how a blind person carrying a cane who knowingly
  crosses

  a busy street while listening to loud rock music on an Ipod would not be

  negligently contributing to his or her own injuries.  A trier of fact,

  regardless of what statutes are in place, is going to be straining to
visit

  some, if not all, responsibility for any resulting injury upon that
  pedestrian.

  A person who did not stop for the white cane in that circumstance would
  likely

  escape both criminal and tort liability, unless he or she had also run a
red

  light at a cross walk.  Even then, the Ipod listening cane-carrier, could
be

  apportioned some blame in tort litigation.  In negligence law one is
  generally

  required to exercise due care even when another is not.  Stepping off the
  curb

  with a white can is not a free pass regardless of how the statute reads.

   

  David

   

  -----Original Message-----

  From: nagdu-bounces at nfbnet.org<mailto:nagdu-bounces at nfbnet.org>
[mailto:nagdu-bounces at nfbnet.org] On Behalf
  Of

  Albert J Rizzi

  Sent: Tuesday, March 23, 2010 9:17 AM

  To: 'NAGDU Mailing List,the National Association of Guide Dog Users'

  Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick
street

   

  I have done that previously. Would you please provide verbiage wherein it

  specifically and clearly states as you have here, that the blind person
can
  be

  contributory negligent. I sent Wisconsin , Florida and I think Wyoming
  statutes.

  Would like to see your references to see how I might be able to sway my
  thoughts

  and opinions  on the subject at hand. 

   

   

  Albert J. Rizzi, M.Ed.

  CEO/Founder

  My Blind Spot, Inc.

  90 Broad Street - 18th Fl.

  New York, New York  10004

  www.myblindspot.org<http://www.myblindspot.org/>

  PH: 917-553-0347

  Fax: 212-858-5759

  "The person who says it cannot be done, shouldn't interrupt the one who is
  doing

  it."

   

   

  Visit us on Facebook LinkedIn

   

   

  -----Original Message-----

  From: nagdu-bounces at nfbnet.org<mailto:nagdu-bounces at nfbnet.org>
[mailto:nagdu-bounces at nfbnet.org] On Behalf
  Of

  Marion Gwizdala

  Sent: Tuesday, March 23, 2010 7:46 AM

  To: NAGDU Mailing List, the National Association of Guide Dog Users

  Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick
street

   

  Albert,

      Would you please send us the texts of at least two of these statutes
to

  which you rfer?

   

  Fraternally yours,

  Marion

   

   

  ----- Original Message -----

  From: "Albert J Rizzi"
<albert at myblindspot.org<mailto:albert at myblindspot.org>>

  To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 

  <nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>>

  Sent: Tuesday, March 23, 2010 1:25 AM

  Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick
street

   

   

  > With all do respect I read the law a little differently. The ones I
sent,

  > legally preclude any responsibility  for said accident on anyone other 

  > then

  > the sighted driver. That is not to say that the blind person could have

  > contributed to the matter due to any number of reasons, but the law as I

  > interpret it  does not at all consider contribution on the part of the 

  > blind

  > pedestrian to the problem. Onus is on the driver  or so it seems to me.

  > 

  > Albert J. Rizzi, M.Ed.

  > CEO/Founder

  > My Blind Spot, Inc.

  > 90 Broad Street - 18th Fl.

  > New York, New York  10004

  > www.myblindspot.org<http://www.myblindspot.org/>

  > PH: 917-553-0347

  > Fax: 212-858-5759

  > "The person who says it cannot be done, shouldn't interrupt the one who
is

  > doing it."

  > 

  > 

  > Visit us on Facebook LinkedIn

  > 

  > 

  > 

  > -----Original Message-----

  > From: nagdu-bounces at nfbnet.org<mailto:nagdu-bounces at nfbnet.org>
[mailto:nagdu-bounces at nfbnet.org] On Behalf

  > Of Marion Gwizdala

  > Sent: Monday, March 22, 2010 10:01 PM

  > To: NAGDU Mailing List, the National Association of Guide Dog Users

  > Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick 

  > street

  > 

  > Albert,

  >    This law serves to not assign contributory megligence only based upon

  > blindness. In other words, an attorney cannot argue that a person's

  > blindness was a contribitor the a crash. It does not, however, preclude

  > assigning contributory negligence if it can be shown that the blind
person

  > was negligent by not using due caution. If a blind person steps out in 

  > front

  > 

  > of a moving vehicle that cannot be stopped , it does not excuse such

  > behavior.

  > 

  > Fraternally yours,

  > Marion

  > 

  > 

  > ----- Original Message ----- 

  > From: "Albert J Rizzi"
<albert at myblindspot.org<mailto:albert at myblindspot.org>>

  > To: "'NAGDU Mailing List, the National Association of Guide Dog Users'"

  > <nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>>

  > Sent: Monday, March 22, 2010 8:51 AM

  > Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick 

  > street

  > 

  > 

  >> MARION, I AM NOT SURE THAT YOUR STATEMENT IS COMPLETELY CORRECT IN THIS

  >> REGARD. AFTER RESEARCH IT SEEMS THAT MANY STATES HAVE AMENDED THIS LAW
TO

  >> PRECLUDE THE BLIND FROM BEING CONTRIBITORILY NEGLAGENT OR RESPONSIBLE
IN

  >> SOME WAY FOR HAVING BEEN HIT. I HAVE FOUND THESE REFERENCES ONE OF
WHICH 

  >> I

  >> THINK IS FROM A SOUTHERN STATE AND THE OTHER IS WISCONSIN. SO IT SEEMS
TO

  >> VARY FROM STATE TO STATE. IT WOULD BE GOOD TO FOLLOW THE LEAD OF 

  >> WISCONSIN

  >> FOR SURE IF WHAT YOU BELIEVE IS TRUE IN YOUR STATE. WE SHOULD HAVE ONE

  >> CONSISTANT AND CONSTANT LAW FROM STATE TO STATE FOR THOSE OF us who 

  >> travel

  >> across our country,

  >> 

  >> PUBLIC ACCOMMODATION LAW

  >> 

  >> 

  >> 

  >> White Cane Law 752.52 Sec. 2.(1) A driver of a vehicle shall not
approach

  >> a

  >> crosswalk..., or any other pedestrian crossing without taking all

  >> necessary

  >> precautions to avoid accident or injury to a blind pedestrian carrying
a

  >> cane or using a guide dog.

  >> (2) A driver who approaches a crosswalk or any other pedestrian
crossing

  >> without taking all necessary precautions to avoid accident or injury to
a

  >> blind pedestrian carrying a cane or using a guide dog shall be liable
in

  >> damages for any injuries caused the blind pedestrian...

  >> 752.53 Sec. 3. A person who violates section 2(1) is guilty of a

  >> misdemeanor, punishable by imprisonment for not more than 90 days, or
by 

  >> a

  >> fine of not more than $100.00 or both.

  >> 

  >> Then there is Wisconsin:

  >> 

  >> Blind pedestrian on highway.

  >> 

  >> 1) An operator of a vehicle shall stop the vehicle before approaching

  >> closer

  >> than 10 feet to a pedestrian who is carrying a cane or walking stick 

  >> which

  >> is white in color or white trimmed with red and which is held in an

  >> extended

  >> or raised position or who is using a dog guide and shall take such

  >> precautions as may be necessary to avoid accident or injury to the

  >> pedestrian. The fact that the pedestrian may be violating any of the
laws

  >> applicable to pedestrians does not relieve the operator of a vehicle
from

  >> the duties imposed by this subsection.

  >> 

  >> 2) Nothing in this section shall be construed to deprive any totally or

  >> partially blind person not carrying the white or the red and white cane


  >> or

  >> walking stick or not using a dog guide of the rights of other
pedestrians

  >> crossing highways, nor shall the failure of such totally or partially

  >> blind

  >> pedestrian to carry such cane or walking stick or to use a dog guide be

  >> evidence of any negligence.

  >> 

  >> 3) No person who is not totally or partially blind shall carry or use
on

  >> any

  >> street, highway or other public place any cane or walking stick which
is

  >> white in color, or white trimmed with red.

  >> 

  >> Last Revised: February 22, 2010

  >> 

  >> And then there is the Florida statute. No where does it lay claim to a

  >> blind

  >> person and their negligence, on the contrary, it goes as far as to
assert

  >> that anywhere a blind person steps off a curb to cross a street puts
the

  >> burden of responsibility solely in the lap of the driver.

  >> 

  >> White Cane Law: 316.1301  Traffic regulations to assist blind persons

  >> (1)  It is unlawful for any person, unless totally or partially blind
or

  >> otherwise incapacitated, while on any public street or highway, to
carry

  >> in

  >> a raised or extended position a cane or walking stick which is white in

  >> color or white tipped with red. A person who is convicted of a
violation

  >> of

  >> this subsection is guilty of a misdemeanor of the second degree,

  >> punishable

  >> as provided in s. 775.082 or s. 775.083.

  >> 

  >> (2)  Whenever a pedestrian is crossing, or attempting to cross, a
public

  >> street or highway, guided by a dog guide or carrying in a raised or

  >> extended

  >> position a cane or walking stick which is white in color or white
tipped

  >> with red, the driver of every vehicle approaching the intersection or

  >> place

  >> where the pedestrian is attempting to cross shall bring his or her 

  >> vehicle

  >> to a full stop before arriving at such intersection or place of
crossing

  >> and, before proceeding, shall take such precautions as may be necessary


  >> to

  >> avoid injuring such pedestrian. A person who is convicted of a
violation

  >> of

  >> this subsection is guilty of a moving violation punishable as provided
in

  >> chapter 318.

  >> 

  >> (3)  Nothing contained in this section shall be construed to deprive
any

  >> totally or partially blind or otherwise incapacitated person not
carrying

  >> such a cane or walking stick, or not being guided by a dog, of the
rights

  >> and privileges conferred by law upon pedestrians crossing streets or

  >> highways. The failure of any such person to carry a cane or walking
stick

  >> or

  >> to be guided by a dog shall not be considered comparative negligence,
nor

  >> shall such failure be admissible as evidence in the trial of any civil

  >> action with regard to negligence.

  >> 

  >> 

  >> I would like to see the law you are referencing here in the hopes we 

  >> could

  >> amend the one you are relying on, peace.

  >> 

  >> 

  >> 

  >> 

  >> Albert J. Rizzi, M.Ed.

  >> CEO/Founder

  >> My Blind Spot, Inc.

  >> 90 Broad Street - 18th Fl.

  >> New York, New York  10004

  >> www.myblindspot.org<http://www.myblindspot.org/>

  >> PH: 917-553-0347

  >> Fax: 212-858-5759

  >> "The person who says it cannot be done, shouldn't interrupt the one who


  >> is

  >> doing it."

  >> 

  >> 

  >> Visit us on Facebook LinkedIn

  >> 

  >> 

  >> -----Original Message-----

  >> From: nagdu-bounces at nfbnet.org<mailto:nagdu-bounces at nfbnet.org>
[mailto:nagdu-bounces at nfbnet.org] On 

  >> Behalf

  >> Of Marion Gwizdala

  >> Sent: Monday, March 22, 2010 5:34 AM

  >> To: NAGDU Mailing List, the National Association of Guide Dog Users

  >> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick

  >> street

  >> 

  >> Dan,

  >>    One scenario in which a blind person could have been at fault in
such 

  >> a

  >> crash is if the blind person stepped out in front of the vehicle and
the

  >> operator was unable to avoid the crash! The White Cane Law does not
give

  >> us

  >> carte blanche to cross an intersection at any time nor absolve us from 

  >> any

  >> responsibilities for our safe travel!

  >> 

  >> Fraternally yours,

  >> Marion Gwizdala

  >> 

  >> 

  >> 

  >> ----- Original Message ----- 

  >> From: "Dan Weiner"
<dcwein at dcwein.cnc.net<mailto:dcwein at dcwein.cnc.net>>

  >> To: "'NAGDU Mailing List, the National Association of Guide Dog Users'"

  >> <nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>>

  >> Sent: Sunday, March 21, 2010 8:19 PM

  >> Subject: Re: [nagdu] Washington - Guide dog killed crossing Kennewick

  >> street

  >> 

  >> 

  >>> How exactly would the blind person be responsible in this accident,
what

  >>> about our trusty White Cane Law.

  >>> The fact that no one complies with the law doesn't mean that lack of

  >>> compliance isn't a criminal act.

  >>> 

  >>> Dan W. and the Carter Dog

  >>> 

  >>> 

  >>> _______________________________________________

  >>> nagdu mailing list

  >>> nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>

  >>>
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org<http://www.nfbnet.or
g/mailman/listinfo/nagdu_nfbnet.org>

  >>> To unsubscribe, change your list options or get your account info for

  >>> nagdu:

  >>> 

  >> 

  > 

 
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.ne
<http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.n
e>

  >> t

  >> 

  >> 

  >> _______________________________________________

  >> nagdu mailing list

  >> nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>

  >>
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org<http://www.nfbnet.or
g/mailman/listinfo/nagdu_nfbnet.org>

  >> To unsubscribe, change your list options or get your account info for

  >> nagdu:

  >> 

  > 

 
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/albert%40myblindspot<
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/albert%40myblindspot>
.

  >> org

  >> 

  >> 

  >> _______________________________________________

  >> nagdu mailing list

  >> nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>

  >>
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org<http://www.nfbnet.or
g/mailman/listinfo/nagdu_nfbnet.org>

  >> To unsubscribe, change your list options or get your account info for

  >> nagdu:

  >> 

  > 

 
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.ne
<http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.n
e>

  > t

  >> 

  > 

  > 

  > _______________________________________________

  > nagdu mailing list

  > nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>

  >
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org<http://www.nfbnet.or
g/mailman/listinfo/nagdu_nfbnet.org>

  > To unsubscribe, change your list options or get your account info for 

  > nagdu:

  > 

 
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/albert%40myblindspot<
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/albert%40myblindspot>
.

  > org

  > 

  > 

  > _______________________________________________

  > nagdu mailing list

  > nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>

  >
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org<http://www.nfbnet.or
g/mailman/listinfo/nagdu_nfbnet.org>

  > To unsubscribe, change your list options or get your account info for 

  > nagdu:

  > 

 
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.ne
<http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/blind411%40verizon.n
e>

  t

  > 

   

   

  _______________________________________________

  nagdu mailing list

  nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>

 
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org<http://www.nfbnet.or
g/mailman/listinfo/nagdu_nfbnet.org>

  To unsubscribe, change your list options or get your account info for
nagdu:

 
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/albert%40myblindspot<
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/albert%40myblindspot>
.

  org

   

   

  _______________________________________________

  nagdu mailing list

  nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>

 
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org<http://www.nfbnet.or
g/mailman/listinfo/nagdu_nfbnet.org>

  To unsubscribe, change your list options or get your account info for
nagdu:

 
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/david%40bakerinet.com
<http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/david%40bakerinet.co
m>

   

   

  _______________________________________________

  nagdu mailing list

  nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>

 
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org<http://www.nfbnet.or
g/mailman/listinfo/nagdu_nfbnet.org>

  To unsubscribe, change your list options or get your account info for
nagdu:

 
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/albert%40myblindspot<
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/albert%40myblindspot>
.
  org

  _______________________________________________
  nagdu mailing list
  nagdu at nfbnet.org<mailto:nagdu at nfbnet.org>
 
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org<http://www.nfbnet.or
g/mailman/listinfo/nagdu_nfbnet.org>
  To unsubscribe, change your list options or get your account info for
nagdu:
 
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/cherylandmaxx%40hotma
il.com<http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/cherylandmaxx%
40hotmail.com>
_______________________________________________
nagdu mailing list
nagdu at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
To unsubscribe, change your list options or get your account info for nagdu:
http://www.nfbnet.org/mailman/options/nagdu_nfbnet.org/albert%40myblindspot.
org





More information about the NAGDU mailing list